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ittee of the Senate or to review, modify, suspend, terminate, or set aside any such subpena or order. An action, contempt proceeding, or sanction brought or imposed pursuant to this section shall not abate upon adjournment sine die by the Senate at the end of a Congress if the Senate or the committee or subcommittee of the Senate which issued the subpena or order certifies to the court that it maintains its interest in securing the documents, answers, or testimony during such adjournment. [(c) Repealed. Pub. L. 98-620, title IV, Sec. 402(29)(D), Nov. 8, 1984, 98 Stat. 3359.] (d) The Senate or any committee or subcommittee of the Senate commencing and prosecuting a civil action or contempt proceeding under this section may be represented in such action by such attorneys as the Senate may designate. (e) A civil action commenced or prosecuted under this section, may not be authorized pursuant to the Standing Order of the Senate "authorizing suits by Senate Committees" (S. Jour. 572, May 28, 1928). (f) For the purposes of this section the term "committee" includes standing, select, or special committees of the Senate established by law or resolution. -SOURCE- (Added Pub. L. 95-521, title VII, Sec. 705(f)(1), Oct. 26, 1978, 92 Stat. 1879, Sec. 1364; amended Pub. L. 98-620, title IV, Sec. 402(29)(D), Nov. 8, 1984, 98 Stat. 3359; renumbered Sec. 1365, Pub. L. 99-336, Sec. 6(a)(1)(B), June 19, 1986, 100 Stat. 638; Pub. L. 104-292, Sec. 4, Oct. 11, 1996, 110 Stat. 3460.) -MISC1- AMENDMENTS 1996 - Subsec. (a). Pub. L. 104-292 substituted "executive branch of the Federal Government acting within his or her official capacity, except that this section shall apply if the refusal to comply is based on the assertion of a personal privilege or objection and is not based on a governmental privilege or objection the assertion of which has been authorized by the executive branch of the Federal Government" for "Federal Government acting within his official capacity". 1984 - Subsec. (c). Pub. L. 98-620 struck out subsec. (c) which provided that in any civil action or contempt proceeding brought pursuant to this section, the court had to assign the action or proceeding for hearing at the earliest practicable date and cause the action or proceeding in every way to be expedited, and that any appeal or petition for review from any order or judgment in such action or proceeding had to be expedited in the same manner. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-620 not applicable to cases pending on Nov. 8, 1984, see section 403 of Pub. L. 98-620, set out as an Effective Date note under section 1657 of this title. EFFECTIVE DATE Section effective Jan. 3, 1979, see section 717 of Pub. L. 95-521, set out as a note under section 288 of Title 2, The Congress. -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 2 section 288d. -End- -CITE- 28 USC Sec. 1366 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1366. Construction of references to laws of the United States or Acts of Congress -STATUTE- For the purposes of this chapter, references to laws of the United States or Acts of Congress do not include laws applicable exclusively to the District of Columbia. -SOURCE- (Added Pub. L. 91-358, title I, Sec. 172(c)(1), July 29, 1970, 84 Stat. 590, Sec. 1363; renumbered Sec. 1364, Pub. L. 95-572, Sec. 6(b)(1), Nov. 2, 1978, 92 Stat. 2456; renumbered Sec. 1366, Pub. L. 99-336, Sec. 6(a)(1)(C), June 19, 1986, 100 Stat. 639.) -End- -CITE- 28 USC Sec. 1367 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1367. Supplemental jurisdiction -STATUTE- (a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution. Such supplemental jurisdiction shall include claims that involve the joinder or intervention of additional parties. (b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules, when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332. (c) The district courts may decline to exercise supplemental jurisdiction over a claim under subsection (a) if - (1) the claim raises a novel or complex issue of State law, (2) the claim substantially predominates over the claim or claims over which the district court has original jurisdiction, (3) the district court has dismissed all claims over which it has original jurisdiction, or (4) in exceptional circumstances, there are other compelling reasons for declining jurisdiction. (d) The period of limitations for any claim asserted under subsection (a), and for any other claim in the same action that is voluntarily dismissed at the same time as or after the dismissal of the claim under subsection (a), shall be tolled while the claim is pending and for a period of 30 days after it is dismissed unless State law provides for a longer tolling period. (e) As used in this section, the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. -SOURCE- (Added Pub. L. 101-650, title III, Sec. 310(a), Dec. 1, 1990, 104 Stat. 5113.) -REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to this title. -MISC1- EFFECTIVE DATE Section 310(c) of Pub. L. 101-650 provided that: "The amendments made by this section [enacting this section] shall apply to civil actions commenced on or after the date of the enactment of this Act [Dec. 1, 1990]." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 42 section 13981. -End- -CITE- 28 USC Sec. 1368 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1368. Counterclaims in unfair practices in international trade. -STATUTE- The district courts shall have original jurisdiction of any civil action based on a counterclaim raised pursuant to section 337(c) of the Tariff Act of 1930, to the extent that it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim in the proceeding under section 337(a) of that Act. -SOURCE- (Added Pub. L. 103-465, title III, Sec. 321(b)(3)(A), Dec. 8, 1994, 108 Stat. 4946.) -REFTEXT- REFERENCES IN TEXT Section 337 of the Tariff Act of 1930, referred to in text, is classified to section 1337 of Title 19, Customs Duties. -MISC1- EFFECTIVE DATE Section applicable with respect to complaints filed under section 1337 of Title 19, Customs Duties, on or after the date on which the World Trade Organization Agreement enters into force with respect to the United States [Jan. 1, 1995], or in cases under section 1337 of Title 19 in which no complaint is filed, with respect to investigations initiated under such section on or after such date, see section 322 of Pub. L. 103-465, set out as an Effective Date of 1994 Amendment note under section 1337 of Title 19. -End- -CITE- 28 USC Sec. 1369 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION -HEAD- Sec. 1369. Multiparty, multiforum jurisdiction -STATUTE- (a) In General. - The district courts shall have original jurisdiction of any civil action involving minimal diversity between adverse parties that arises from a single accident, where at least 75 natural persons have died in the accident at a discrete location, if - (1) a defendant resides in a State and a substantial part of the accident took place in another State or other location, regardless of whether that defendant is also a resident of the State where a substantial part of the accident took place; (2) any two defendants reside in different States, regardless of whether such defendants are also residents of the same State or States; or (3) substantial parts of the accident took place in different States. (b) Limitation of Jurisdiction of District Courts. - The district court shall abstain from hearing any civil action described in subsection (a) in which - (1) the substantial majority of all plaintiffs are citizens of a single State of which the primary defendants are also citizens; and (2) the claims asserted will be governed primarily by the laws of that State. (c) Special Rules and Definitions. - For purposes of this section - (1) minimal diversity exists between adverse parties if any party is a citizen of a State and any adverse party is a citizen of another State, a citizen or subject of a foreign state, or a foreign state as defined in section 1603(a) of this title; (2) a corporation is deemed to be a citizen of any State, and a citizen or subject of any foreign state, in which it is incorporated or has its principal place of business, and is deemed to be a resident of any State in which it is incorporated or licensed to do business or is doing business; (3) the term "injury" means - (A) physical harm to a natural person; and (B) physical damage to or destruction of tangible property, but only if physical harm described in subparagraph (A) exists; (4) the term "accident" means a sudden accident, or a natural event culminating in an accident, that results in death incurred at a discrete location by at least 75 natural persons; and (5) the term "State" includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (d) Intervening Parties. - In any action in a district court which is or could have been brought, in whole or in part, under this section, any person with a claim arising from the accident described in subsection (a) shall be permitted to intervene as a party plaintiff in the action, even if that person could not have brought an action in a district court as an original matter. (e) Notification of Judicial Panel on Multidistrict Litigation. - A district court in which an action under this section is pending shall promptly notify the judicial panel on multidistrict litigation of the pendency of the action. -SOURCE- (Added Pub. L. 107-273, div. C, title I, Sec. 11020(b)(1)(A), Nov. 2, 2002, 116 Stat. 1826.) -MISC1- EFFECTIVE DATE Pub. L. 107-273, div. C, title I, Sec. 11020(c), Nov. 2, 2002, 116 Stat. 1829, provided that: "The amendments made by subsection (b) [enacting this section and sections 1697 and 1785 of this title and amending sections 1391 and 1441 of this title] shall apply to a civil action if the accident giving rise to the cause of action occurred on or after the 90th day after the date of the enactment of this Act [Nov. 2, 2002]." -SECREF- SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 1391, 1441, 1697, 1785 of this title. -End- -CITE- 28 USC CHAPTER 87 - DISTRICT COURTS; VENUE 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- CHAPTER 87 - DISTRICT COURTS; VENUE -MISC1- Sec. 1391. Venue generally. 1392. Defendants or property in different districts in same State. [1393. Repealed.] 1394. Banking association's action against Comptroller of Currency. 1395. Fine, penalty or forfeiture. 1396. Internal revenue taxes. 1397. Interpleader. 1398. Interstate Commerce Commission's orders. 1399. Partition action involving United States. 1400. Patents and copyrights, mask works, and designs. 1401. Stockholder's derivative action. 1402. United States as defendant. 1403. Eminent domain. 1404. Change of venue. 1405. Creation or alteration of district or division. 1406. Cure or waiver of defects. 1407. Multidistrict litigation. 1408. Venue of cases under title 11. 1409. Venue of proceedings arising under title 11 or arising in or related to cases under title 11. 1410. Venue of cases ancillary to foreign proceedings. 1411. Jury trials. 1412. Change of venue. 1413. Venue of cases under chapter 5 of title 3. AMENDMENTS 1998 - Pub. L. 105-304, title V, Sec. 503(c)(3), Oct. 28, 1998, 112 Stat. 2917 inserted ", mask works, and designs" in item 1400. 1996 - Pub. L. 104-331, Sec. 3(b)(2)(B), Oct. 26, 1996, 110 Stat. 4069, which directed amendment of table of sections for chapter 37 by adding item 1413 at end, was executed by adding item 1413 at end of table of sections for chapter 87 to reflect the probable intent of Congress. 1988 - Pub. L. 100-702, title X, Sec. 1001(a), Nov. 19, 1988, 102 Stat. 4664, struck out item 1393 "Divisions; single defendant; defendants in different divisions". 1984 - Pub. L. 98-353, title I, Sec. 102(b), July 10, 1984, 98 Stat. 335, added items 1408 to 1412. 1978 - Pub. L. 95-598, title II, Sec. 240(b), Nov. 6, 1978, 92 Stat. 2668, directed the addition of item 1408, "Bankruptcy appeals", which amendment did not become effective pursuant to section 402(b) of Pub. L. 95-598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy. 1968 - Pub. L. 90-296, Sec. 2, Apr. 29, 1968, 82 Stat. 110, added item 1407. -SECREF- CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 42 section 3612. -End- -CITE- 28 USC Sec. 1391 01/19/04 -EXPCITE- TITLE 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 87 - DISTRICT COURTS; VENUE -HEAD- Sec. 1391. Venue generally -STATUTE- (a) A civil action wherein jurisdiction is founded only on diversity of citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought. (b) A civil action wherein jurisdiction is not founded solely on diversity of citizenship may, except as otherwise provided by law, be brought only in (1) a judicial district where any defendant resides, if all defendants reside in the same State, (2) a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought. (c) For purposes of venue under this chapter, a defendant that is a corporation shall be deemed to reside in any judicial district in which it is subject to personal jurisdiction at the time the action is commenced. In a State which has more than one judicial district and in which a defendant that is a corporation is subject to personal jurisdiction at the time an action is commenced, such corporation shall be deemed to reside in any district in that State within which its contacts would be sufficient to subject it to personal jurisdiction if that district were a separate State, and, if there is no such district, the corporation shall be deemed to reside in the district within which it has the most significant contacts. (d) An alien may be sued in any district. (e) A civil action in which a defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority, or an agency of the United States, or the United States, may, except as otherwise provided by law, be brought in any judicial district in which (1) a defendant in the action resides, (2) a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated, or (3) the plaintiff resides if no real property is involved in the action. Additional persons may be joined as parties to any such action in accordance with the Federal Rules of Civil Procedure and with such other venue requirements as would be applicable if the United States or one of its officers, employees, or agencies were not a party. The summons and complaint in such an action shall be served as provided by the Federal Rules of Civil Procedure except that the delivery of the summons and complaint to the officer or agency as required by the rules may be made by certified mail beyond the territorial limits of the district in which the action is brought. (f) A civil action against a foreign state as defined in section 1603(a) of this title may be brought - (1) in any judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated; (2) in any judicial district in which the vessel or cargo of a foreign state is situated, if the claim is asserted under section 1605(b) of this title; (3) in any judicial district in which the agency or instrumentality is licensed to do business or is doing business, if the action is brought against an agency or instrumentality of a foreign state as defined in section 1603(b) of this title; or (4) in the United States District Court for the District of Columbia if the action is brought against a foreign state or political subdivision thereof. (g) A civil action in which jurisdiction of the district court is based upon section 1369 of this title may be brought in any district in which any defendant resides or in which a substantial part of the accident giving rise to the action took place. -SOURCE- (June 25, 1948, ch. 646, 62 Stat. 935; Pub. L. 87-748, Sec. 2, Oct. 5, 1962, 76 Stat. 744; Pub. L. 88-234, Dec. 23, 1963, 77 Stat. 473; Pub. L. 89-714, Secs. 1, 2, Nov. 2, 1966, 80 Stat. 1111; Pub. L. 94-574, Sec. 3, Oct. 21, 1976, 90 Stat. 2721; Pub. L. 94-583, Sec. 5, Oct. 21, 1976, 90 Stat. 2897; Pub. L. 100-702, title X, Sec. 1013(a), Nov. 19, 1988, 102 Stat. 4669; Pub. L. 101-650, title III, Sec. 311, Dec. 1, 1990, 104 Stat. 5114; Pub. L. 102-198, Sec. 3, Dec. 9, 1991, 105 Stat. 1623; Pub. L. 102-572, title V, Sec. 504, Oct. 29, 1992, 106 Stat. 4513; Pub. L. 104-34, Sec. 1, Oct. 3, 1995, 109 Stat. 293; Pub. L. 107-273, div. C, title I, Sec. 11020(b)(2), Nov. 2, 2002, 116 Stat. 1827.) -MISC1- HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., Secs. 111, 112 (Mar. 3, 1911, ch. 231, Secs. 50, 51, 36 Stat. 1101; Sept. 19, 1922, ch. 345, 42 Stat. 849; Mar. 4, 1925, ch. 526, Sec. 1, 43 Stat. 1264; Apr. 16, 1936, ch. 230, 49 Stat. 1213). Section consolidates section 111 of title 28, U.S.C., 1940 ed., with part of section 112 of such title. The portion of section 112 of title 28, U.S.C., 1940 ed., relating to venue generally constitutes this section and the parts relating to arrest of the defendant, venue and process in stockholders' actions constitute sections 1401, 1693, and 1695 of this title. Provision in section 111 of title 28, U.S.C., 1940 ed., that a district court may proceed as to parties before it although one or more defendants do not reside in the district, and that its judgment shall be without prejudice to such absent defendants, was omitted as covered by rule 19(b) of the Federal Rules of Civil Procedure. Word "action" was substituted for "suit" in view of Rule 2 of the Federal Rules of Civil Procedure. Word "reside" was substituted for "whereof he is an inhabitant" for clarity inasmuch as "inhabitant" and "resident" are synonymous. (See Ex parte Shaw, 1892, 12 S.Ct. 935, 145 U.S. 444, 36 L.Ed. 768; Standard Stoker Co., Inc. v. Lower, D.C., 1931, 46 F.2d 678; Edgewater Realty Co. v. Tennessee Coal, Iron & Railroad Co., D.C., 1943, 49 F.Supp. 807.) Reference to "all plaintiffs" and "all defendants" were substituted for references to "the plaintiff" and "the defendant," in view of many decisions holding that the singular terms were used in a collective sense. (See Smith v. Lyon, 1890, 10 S.Ct. 303, 133 U.S. 315, 33 L.Ed. 635; Hooe v. Jamieson, 1897, 17 S.Ct. 596, 166 U.S. 395, 41 L.Ed. 1049; and Fetzer v. Livermore, D.C., 1926, 15 F.2d 462.) In subsection (c), references to defendants "found" within a district or voluntarily appearing were omitted. The use of the word "found" made section 111 of title 28, U.S.C., 1940 ed., ambiguous. The argument that an action could be brought in the district where one defendant resided and a nonresident defendant was "found," was rejected in Camp v. Gress, 1919, 39 S.Ct. 478, 250 U.S. 308, 63 L.Ed. 997. However, this ambiguity will be obviated in the future by the omission of such reference. Subsection (d) of this section is added to give statutory recognition to the weight of authority concerning a rule of venue as to which there has been a sharp conflict of decisions. (See Sandusky Foundry & Machine Co. v. DeLavand, 1918, D.C.Ohio, 251 F. 631, 632, and cases cited. See also Keating v. Pennsylvania Co., 1917, D.C.Ohio, 245 F. 155 and cases cited.) Changes were made in phraseology. -REFTEXT- REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (e), are set out in the Appendix to this title. -MISC2- AMENDMENTS 2002 - Subsec. (g). Pub. L. 107-273 added subsec. (g). 1995 - Subsec. (a)(3). Pub. L. 104-34 substituted "any defendant is" for "the defen

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